Tuesday, January 7, 2014

One of
the many policies covering property- is
against loss caused by burglary. Burglary is defined as the ‘crime of
breaking into and entering a building with the intention to commit a
felony.’ At common law burglary is primarily an offense against the
security of habitation, and need not be against the property as such! ~
the criminal law of the country does not speak of an offence called burglary.

Burglary
insurance has been a standard insurance product for long. The
Package Policies floated by many Insurers do extend sectional coverage against
burglary. This insurance provides indemnity in respect of loss of or
damage to any part of the property insured whilst within the premises as a
direct result of burglary happening during the period of insurance.
The policy interprets ‘burglary’ as to mean actual theft or an attempt thereat

a)
accompanied by an actual forcible and violent entry into or exit from any
building at the premises or

b)
following assault or violence to any person or threat thereof.

The
Policy has some exclusions too… all policies expect the Insured to be
prudent and not contribute to the loss in any manner… this policy excludes
‘where such loss or damage has been expedited or any way assisted or brought
about by any such person or persons’……….. and as caution or as to incorporate
additional protection for the Insurers – Underwriters incorporate warranties of
additional security…….

One such
warranty imposed is ’24 hour watch and
ward warranty’ – which often provides possibility of varied interpretations …
whether it is intended to ensure the premises adequately guarded during the
night time or do the Insurers really want a security during the day time too –
when the policy holder would feel – the employees (of various cadres)
themselves are necessary protection.. Again, whether the guard facility should
be exclusive or ‘name-sake guarding’ (patrolling) done in the night for the
entire complex / colony ! ~ more
thoughts could flood at a time, when you realize that most ATMs in the country
do not either have security or manned by security (!) personnel – not fit
enough to walk !! – leave alone safeguarding or running after a criminal. ~ and how would an Insurer treat the CC TV
monitoring… is that a safeguard ? – in some claims handled – the system either
does not work, does not show any clarity in the night time, the angle is not
proper, does not have a recording facility or the intruder easily cuts off the
system………

The article
that appeared in TOI Chennai edition reproduced below – offers good lessons for
all traders as also for Insurers. Here
is it :‘CCTV monitored in Mumbai averts break-in at
Chennai store’

Chennai: An alert
security officer monitoring live CCTV footage from Reliance supermarkets across
the country helped prevent a break-in at the company’s outlet in Madipakkam,
near Pallikaranai, past midnight on Sunday. The
officer saw a man force open a shutter and break a glass window to enter the
outlet. He called up the manager of the Madipakkam store, who informed the
Pallikaranai police about the burglar.

Pallikaranai police
inspector Anthony Chelladurai said 40-year-old Thangaraj, a native of
Villupuram, scaled a compound wall and entered the store using a crowbar. He
immediately made for a cash locker and tried to break it open. The security
officer in Mumbai had by then issued the alert. “Thangaraj tripped an alarm but
wasn’t aware of it because it sounded in Mumbai,” Chelladurai said.

Illustrative
photo (not the shop burgled)

The burglar continued
to try to open the safe. “When we surrounded Thangaraj, he pretended to be a
mentally ill vagabond,” the inspector said. “But one of our criminal
investigators recognized him as a burglar he had arrested earlier.” Thangaraj
is responsible for a string of burglaries in the city. “He served time in
prison and recently received bail,” Chelladurai said. Chelladurai said police are waiting for the
video footage to arrive from Mumbai. In the meantime, they are questioning
Thangaraj regarding other crimes.

A senior police officer said Thangaraj always
operated on his own. The city police said he did not have a permanent address.
They assume he has a safe house, where he stashes his loot, and sleeps on the
streets.

Here is the sequence
of events as given in the newspaper :

1am (Monday) | Thief
enters Reliance Fresh outlet in Madipakkam

1:35am | Attempts to
break the safe

2am | Alarm goes off
at Reliance’s Mumbai office. Security guard informs the manager of the firm’s
Madipakkam outlet, who calls the police